Thread: Warranty and Australian Consumer Law

Originally Posted by donh54

Bad link

Fixed! See edit to original post.

Originally Posted by Bigbjorn

Here is an interesting piece from the Qld. Govt. There is heaps more available. Google "sale of goods act".

The page cannot be found | Queensland Government

Edit- Bad link. Try this one.

Consumer guarantees your products must meet | Your rights, crime and the law | Queensland Government

Thanks for the link but in my case there are other circumstances that play a part in what I can actually do.

The Ford ruling is a federal outcome and the "Sale of Goods Act" is a state law.

The problem for me is that I bought the RR in VIC and used transfer papers to bring it to QLD, where it was registered. So the state law does not apply.

but the Ford Rulling is what I will have to look into.

I originally made an application to QLD Consumer whatever, and while they were very helpful, I was 10 months to late as there is a 5 year statute of limitations. But they did state I had a case and to take it up with the ACCC.

As posted earlier, that would probably end up costing more than the vehicle is worth.

Drive safe it's a bit more complicated than that. Traditionally the implied warranties under Trade Practices Act (Cwlth) applied to goods and services supplied by corporations (ie Ltd. And Pty Ltd companies) (there were some exceptions where business were covered due to the way the contract was entered into/goods supplied ie because the Constitution for eg. Allowed the Commonwealth to legislate for post etc). It didnt apply to all sales and services etc but couldn't be contracted out of. The TPA applied in all States and Territories. So have a chat to your lawyer. I'm not sure when you bought the Rangie and when things started going wrong but be aware there are limitation periods on claims so don't delay seeing a solicitor.

Cheers

Hi Scott, and I bought my RR new, in 2007 and things started going wrong 24 hours after buying it.

I tried to get the Phone Voice Commands to work, and when it didn't, I just took it that it was an old phone so the next day, I bought a new phone but still no good.

I brought this problem up when I had to take the RR to a dealers to get the TV to work, and was told that that particular phone feature didn't work in my model.

I paid for a feature that Land Rover knew that did not work but they still sold the vehicles starting it was a feature of the vehicles.

Also, when they fixed the TV problem, I then lost half the satnav features.

And this was only the tip of the iceberg.

My air suspension never worked. I could neither lower or raise the RR, but no matter how many times I told the dealership, that it did no work, they just ignored my complaint.

By accident, when trying to fix another suspension problem, 5.5 years after buying the RR, I found the cause of the original faulty suspension.

The main wire loom connector on the compressor was deformed and could not be plugged together properly and it came from factory that way, meaning the A'holes in England never tested the suspension before it left the factory.

And the list of problems just go on and on.

After owning the heap for 18 months, my wife and I had had enough and decided to sell it.

To sell a vehicle you need a need a Road Worthy Certificate.

This heap had so many factory oriented faults in it that it could not pass the inspection. This is why I stated, with legitimate grounds, that Land Rover had sold me a unroadworthy vehicle.

Land Rover wouldn't honour their warranty, the dealership here on the Gold Coast could service pushbikes and get it right and we couldn't use the heap on or off road, and we couldn't sell it.


Sorry Laurie for highjacking your thread, but you can see why I warned you to be careful of the so called consumer protection in this country.

No problems at all, as I said your case and the Td6 car are familiar with many readers on this forum. They are blatant examples of a dealer and the importer taking the easy way out, even though they knew the cars were un-roadworthy. I like all here hope you get a well deserved hearing and result; the arrogance shown by LRA in the early to mid 2000's to customers should be punished to the full extent of the laws.

Laurie

Unfortunately, 2007 is before the new, stronger consumer law came into effect, which does complicate the matter!

Originally Posted by JDNSW

Unfortunately, 2007 is before the new, stronger consumer law came into effect, which does complicate the matter!

Yep, when the new laws came into effect, I hoped they would apply to my RR, but no.

The original laws still apply in that any any problems and/or faults, that were reported but not resolved during the warranty period, then the importer/dealer is still liable

But it’s the same old story, where the law is there but you have to pay a fortune to have that law enforced.

Drivesafe just for peace of mind, I would forward the details of your Rangies problems to the ACCC and see what they say. No harm in asking, I'm pretty sure if there was a way forward they would know. During that period how many Td5 owners alone like myself had the oily injector harness problems refused. Could be one he'll of a class action if there was a legal precedent!

Laurie